Assange faces court hearing

February 07, 2011

LONDON (AP) -- WikiLeaks founder Julian Assange and his entourage of lawyers, supporters, protesters and journalists are headed back to a London court for a showdown between the secret-spilling computer hacker and Swedish authorities who want him extradited to face sex crimes allegations.

A two-day hearing that begins today will decide Assange's legal fate. It will also keep the spotlight away from WikiLeaks' revelations and on its opinion-dividing frontman.

Assange is accused of sexual misconduct by two women he met during a visit to Stockholm last year. At Belmarsh Magistrates' Court, a high-security judicial outpost beside a prison, defense lawyers will argue that he should not be extradited because he has not been charged with a crime, because of flaws in Swedish prosecutors' case -- and because a ticket to Sweden could land him in Guantanamo Bay or on U.S. death row.

American officials are trying to build a criminal case against WikiLeaks, which has angered Washington by publishing a trove of leaked diplomatic cables and secret U.S. military files. Assange's lawyers claim the Swedish prosecution is linked to the leaks and politically motivated.

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Preliminary defense arguments released by Assange's legal team claim "there is a real risk that, if extradited to Sweden, the U.S. will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere."

The document adds that "there is a real risk that he could be made subject to the death penalty" if sent to the United States. Under European law, suspects cannot be extradited to jurisdictions where they may face execution.

Nils Rekke, head of the legal department at the Swedish prosecutor's office in Stockholm, said Assange would be protected from transfer to the U.S. by strict European rules.

"If Assange was handed over to Sweden in accordance with the European Arrest Warrant, Sweden cannot do as Sweden likes after that," he said. "If there were any questions of an extradition approach from the U.S., then Sweden would have to get an approval from the United Kingdom."

Assange's lawyers will also battle extradition on the ground that he has not been charged with a crime in Sweden and is only wanted for questioning.